Friday, March 17, 2017

Kozinski says "No"!

Alex Kozinski cropped.jpgToday's DJ also features Judge Kozinski's anti-split article: "I am against [split proposals] because a circuit as large as ours is, in fact, better situated to bring justice closer to the people than a smaller one."
He outlines the "many advantages to having a large circuit with greater geographic scope" and how the Circuit has been a technology leader: The 9th Was among the first to embrace e-filing, and is one of only two appellate courts using the NextGen e-filing system. (Actually, the 2d Cir. and the 8th Cir. are also on NextGen too.)
The most obvious way in which we make our proceedings accessible is to offer live video streaming of all our oral arguments. We began in 2000 with audio recordings posted on our website, in 2010 we added video recordings, and in 2013 we began live streaming videos of our en banc hearings. Finally, in 2014 we began live streaming audio, and in 2015, we completed our project and began live streaming high-definition videos of every hearing from every location. We have also successfully implemented a program in three of our district courts (Western Washington, Northern California and Guam) that allows proceedings in their courtrooms to be recorded for later broadcast. And we stand ready to expand that program to other districts whenever we are permitted to do so by the Judicial Conference of the United States.

Law360 has 9th Circ. Judges Say Split Would Be Step In 'Wrong Direction', noting the testimoney from CJ Thomas, and Judges Kozinski and Bea:
“Splitting the Ninth Circuit is really going in the wrong direction,” Judge Kozinski told the panel chaired by Rep. Darrell Issa, R-Calif. “What this Congress ought to be looking at is bringing together smaller circuits to help them gain efficiency and collegiality the Ninth Circuit now enjoys.”

Lawmakers also heard from two law professors, John Eastman of Chapman University’s Dale E. Fowler School of Law and Brian Fitzpatrick (a former O'Scannlain clerk) of Vanderbilt Law School, who both support an effort to divide the Ninth Circuit.

The Recorder has House Panel Restarts Debate on Splitting Ninth Circuit: "Familiar battle lines and talking points resurfaced Thursday as a congressional hearing delved into the possibility of splitting the U.S. Court of Appeals for the Ninth Circuit, the nation's largest court in terms of case­load, territory, and population governed."